JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)

1.      Shri Harpal Singh, the complainant, was to take a shop from Emaar MGF Land Pvt. Limited.  The total cost of the shop was Rs.43,08,185/-.  The complainant had deposited the initial amount of Rs.5,76,450/- as per the agreement.  He was to deposit the remaining amount in installments (i.e. 10% within every three months) approximately.  This is an admitted fact that the petitioner after depositing the initial amount did not deposit the remaining amount.   He waddled out of his commitments.  Therefore, opposite party cancelled the allotment due to non-payment of the remaining installments.

2.      We have heard the learned counsel for the petitioner.  He contends that the order passed by the District Forum is correct and his order should be restored.  He also submits that no notice was sent before cancellation of the allotment of shop.  He further submits that the cancellation notice was not served upon the complainant, therefore, the amount that has been deposited by the complainant, has been claimed by the opposite party/company towards arrears and interest. 

3.      However, he could not show to us that this is one of the conditions enumerated in the agreement.  The agreement clearly states that if there is a failure of the complainant to pay the installments, the allotment shall stand automatically cancelled.  The first installment was paid in the year 2008. Enough time has elapsed but the complainant has not made any effort to pay the remaining amount till now.  The State Commission rightly placed reliance on the Supreme Court authority reported in Satish Batra vs. Sudhir Rawal 2013 (1) SCC 345 and justified the action taken by the opposite party.

The arguments lack conviction and we pin no value to it.

The revision petition is dismissed accordingly.